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2010 DIGILAW 7 (JHR)

Sushil Marandi v. Union of India through the Director, Personnel & Training Department, New Delhi

2010-01-04

D.G.R.PATNAIK

body2010
JUDGMENT Heard Counsel for the parties. The petitioner in this writ application has prayed for an order, quashing the final cadre allocation made by the Marketing Officer, Food Civil Supply and Commerce Department, so far it relates to the petitioner, whereby the petitioner has been allocated to the State of Bihar in the cadre allocation. Further prayer has been made to direct the respondent to allocate the petitioner to the cadre of Jharkhand. Admitted facts of the petitioner's claim is that he belongs to the Scheduled Tribe community and during his entire service tenure, he remained posted within the areas now falling in the State of Jharkhand and at no point of time was he posted in any area now falling in the State of Bihar. By the impugned notification, the petitioner has been finally allocated to the Bihar Cadre where, he has joined pursuant to the order of his transfer. Being aggrieved, the petitioner has filed this writ application. In the counter affidavit filed on behalf of the Respondent-State of Bihar, the reasons stated for such allocation of cadre is that at the time of considering the cadre allotment, the petitioner's option was not received. It further appears from the counter affidavits of the Respondent-State of Bihar and also of the Respondent-State of Jharkhand, that neither states have reserved any objection against the grant of petitioner's prayer for allotment of his services to the cadre of Jharkhand and in fact, necessary recommendations have also been made and forwarded to the authorities concerned by the State of Bihar. It is informed that the Central Government has also recently issued a Circular under which the aggrieved employees may avail the opportunity of opting for final cadre allotment and the respective State Governments would be at liberty to reconsider the cases of such employees, who may wish to submit a fresh option. It is informed that the Central Government has also recently issued a Circular under which the aggrieved employees may avail the opportunity of opting for final cadre allotment and the respective State Governments would be at liberty to reconsider the cases of such employees, who may wish to submit a fresh option. Considering the above facts and circumstances, this writ application is disposed of with a direction to the concerned authorities of the Respondents, particularly the Secretaries, Food and Civil Supplies in both the State Governments, to consider the petitioner's prayer and take an appropriate decision in the light of the grounds advanced by him in support of his prayer and in the light of the recommendation made in his favour and in the light of the recent Circular of the Central Government and pass an appropriate order within two months from the date of production/receipt of a copy of this order. Let a copy of this order be given to the counsels for the Respondents, State of Bihar and also the State of Jharkhand.